Patent Filing in India: Provisional, Complete and Fast-Track Routes
Take an invention from idea to a filed patent application, with a prior-art search, careful claims and the right filing route.
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Patent filing is the process of applying to the Indian Patent Office under the Patents Act, 1970 for an exclusive right to commercially use a new invention for a limited period. It is meant for inventors, research teams, manufacturers and technology start-ups with a product or process that is new, not obvious and capable of industrial use. An applicant can file a provisional specification to secure an early filing date and then complete it within twelve months, or file a complete specification directly. Our team works with registered patent agents to run a prior-art search, shape the claims, file the application, request examination at the right time and respond to the examiner through to grant.
Who provides this service: our team of Company Secretaries and compliance specialists.
Who Needs Patent Filing in India?
- Inventors with a new machine, device, composition or process who want exclusive commercial rights
- Technology start-ups building proprietary products who expect investors to ask about intellectual property
- Manufacturers and engineering firms improving a product or process and wanting to stop copying
- Research institutions and university teams commercialising findings through licensing or spin-off companies
- Companies that plan to file abroad later and want a sound Indian filing as the starting point
Key Benefits
- A frank assessment of whether the invention is likely to qualify, before you spend on a full application
- A prior-art search that shows what has already been published, so claims are drafted around real gaps
- Claims written to be as wide as the invention supports and clear enough to survive examination
- A choice between provisional and complete filing based on how far the invention has developed and your funding timeline
- Guidance on the expedited route available to start-ups and certain other applicant categories
- One team following the file through publication, examination, hearing and grant, with a docket of every deadline
How It Works
Invention disclosure and review
We hold a confidential discussion with the inventors, collect drawings and test data, and check whether the idea is a technical solution rather than a category the law excludes, such as a bare algorithm.
Prior-art search and patentability opinion
Our patent professionals search patent and non-patent literature, then give a written view on novelty and inventive step, so you can decide whether to proceed, modify the invention or stop.
Draft the specification and claims
We prepare the description, drawings, abstract and claims. A provisional specification fixes an early date, while a complete one defines the scope you will ask the examiner to grant.
File the application and forms
We file the application with the Patent Office along with the supporting forms such as inventor declaration, statement on foreign filings and authorisation, and pay the fee for your applicant category.
Publication and request for examination
The application is normally published after a fixed period unless early publication is sought. A separate request for examination must be made within the permitted time, and we docket it so it is not missed.
Reply to examination and pursue grant
We analyse the examination report, file amendments and arguments, appear at a hearing where needed through a registered agent or advocate, and follow the case through to the grant of the patent.
Documents Required
- Written description of the invention: the problem solved, how it works, the components or steps and the advantage over what exists
- Drawings, flow charts, circuit diagrams or sketches that explain the invention clearly
- Name, address and nationality of every inventor and of the applicant, with identity proof
- Proof of right to apply where the applicant is not the inventor, such as an assignment or employment agreement
- Experimental data, test results or prototype details that support the technical effect claimed
- Details of any earlier public disclosure, publication, sale or demonstration of the invention
- Particulars of corresponding applications filed abroad, if any, and the priority document where priority is claimed
- Start-up recognition or applicant-category evidence if an expedited or reduced-fee route is sought
Timeline and Fees
Indicative timeline: A provisional application can usually be filed within a few weeks of receiving the invention details. Examination and grant depend on the Patent Office and typically span several years, although an expedited route may shorten this.
Professional fee: Our professional fee depends on the complexity of the invention, the number of claims and drawings, whether a search and opinion are included and how much examination work follows. Official fees differ by applicant category and are paid at actuals. Contact our team for a staged written quote.
What Can Go Wrong if This Is Missed or Done Incorrectly
- Public disclosure, sale or demonstration of the invention before the filing date can make it unpatentable
- A provisional application that is not followed by a complete specification within the permitted time is treated as abandoned
- Missing the deadline to request examination can lead to the application being treated as withdrawn
- Filing abroad for an invention made in India without following the permission rules can invalidate the resulting patent or lead to action
- Weak or overly narrow claims can leave a granted patent that competitors can easily design around
Frequently Asked Questions
What can be patented in India?
An invention must be new, involve an inventive step and be capable of industrial application. The Patents Act also excludes certain subject matter, such as mere discoveries, methods of doing business, mathematical methods, algorithms and computer programmes by themselves. Software inventions can qualify when they solve a technical problem, so the framing of the claims matters.
What is the difference between a provisional and a complete specification?
A provisional specification describes the invention and secures an early filing date while you refine it. It must be followed by a complete specification with claims within twelve months. A complete specification sets out the full description and the claims on which the patent will be examined and, if granted, enforced.
How long does a patent last in India?
A patent is generally granted for twenty years from the date of filing, subject to payment of the prescribed renewal fee each year. If the renewal fee is missed, the patent can lapse, so we keep a docket of the fee dates for every patent we manage, though a late payment window may be available.
Can I sell or demonstrate my invention before filing?
It is risky. Disclosure through a talk, paper, website, sale or investor demo before the filing date can destroy novelty, and the grace allowances in Indian law are narrow and conditional. Use confidentiality agreements, keep demonstrations private and file at least a provisional application before going public.
Do I need permission before filing a patent abroad for an Indian invention?
Where the invention was made in India by a resident of India, the law generally requires either filing first in India or obtaining permission from the Controller before filing abroad. The rules are technical and the consequences of missing them are serious, so tell us about any foreign filing plan at the start.
How long does it take to get a patent granted?
Grant normally takes several years from filing, depending on the technology area, the examiner workload and how many objections are raised. A request for expedited examination, open to start-ups and certain other categories, can shorten the timeline. We give an indicative plan after the search so you can align it with funding and product launches.
Official Sources
Rules, forms and fees change. Check the current position on the official portal:
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Last reviewed: . Laws, fees and procedures change; check the official portal before you act.
Disclaimer: The information on this page is for general informational purposes only and does not constitute professional legal, tax or compliance advice. Requirements vary by situation. Please consult a qualified CA or CS for advice specific to your needs. Government fees and timelines are subject to change; verify with the relevant authority before proceeding.